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Thread: Which Holidays must Oregon employers pay time & a half to scheduled employees? Oregon

  1. #1
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    Unhappy Which Holidays must Oregon employers pay time & a half to scheduled employees? Oregon

    I work full time PLUS and my employer pays me salary and I would like to know which of the Holidays, Federal or not, must ALL OREGON EMPLOYERS PAY TIME AND A HALF to employees that work on those Holidays?

    another Total Overworked, Underpaid Maul!

  2. #2
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    None.

    The only states that EVER require time and a half for working on ANY holidays are Massachusetts, Rhode Island and possibly Connecticut (the state website is contradictory). In all other states, you are due only straight time unless the hours you work on the holiday put you into an overtime situation - and even then the OT is not because you worked on a holiday, but because you worked over 40 hours in a week.

    FYI, salaried and exempt are not synonymous - it is possible to be salaried and non-exempt. But IF you are both salaried and exempt, then no matter what state you are in there are no circumstances whatsoever under which the law requires you to be paid time and a half.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    Short answer is almost certainly "no". Longer answer goes like this.
    - "Salaried" is just a payment method and means very little by itself. "Scheduled" (legally) means nothing.
    - Paid overtime is a function of Exempt status. Non-Exempt employees and only non-exempt employees get paid overtime for hours actually worked past 40 in the workweek. Holiday is literally nothing in the overtime rules.
    - Some employers choose to have special "overtime like" rules for holiday, but this is their choice, not something the government requires.
    - The number of state imposed holiday rules can be counted on one hand with some fingers left over. Last I heard, OR is not one of those very few states.
    - I can give you a pointer to the actual overtime rules.
    http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
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    To add to that, if you are truly exempt and paid salary and the office is closed for a holiday your pay should not be docked for that holiday. If, however, you call in sick one day, your company has a bona fide sick plan and you are all out of sick time, your pay can be docked for that day.

    On the other hand, if you are non-exempt and paid a salary, you are due overtime for all hours past 40 in a work week and you are only due pay for the time worked by law. Your company may have a more generous policy for paying holidays or sick time but they are not required by law to do so.

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    Q. Is my employer required to pay me time and one-half for working on a legal holiday?
    A. Overtime is generally required to be paid only after an employee works more than 40 hours in one week, regardless of whether or not a holiday occurs in the workweek. Holiday pay is subject to the policy of the employer.


    http://www.boli.state.or.us/BOLI/TA/...lidaypay.shtml
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    Quote Originally Posted by MsTopChef View Post
    I work full time PLUS and my employer pays me salary and I would like to know which of the Holidays, Federal or not, must ALL OREGON EMPLOYERS PAY TIME AND A HALF to employees that work on those Holidays?

    another Total Overworked, Underpaid Maul!
    Assuming you are a non-exempt (hourly paid) employee, your employer need only pay you time an a half for all hours worked in excess of 40 each week. Your employer does not have to include paid holidays, paid vacation or paid sick days in that calcuation.

    If you are an exempt employee, they don't have to pay you overtime at all. Ever.

  7. #7
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    My post above is, of course, for non-exempt employees. Salaried exempt employees never have to
    be paid OT pay.
    Last edited by Betty3; 05-19-2011 at 03:04 PM.
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